Reports & Consent

What does flood prone or land liable to flooding mean?
Although it may sound a little concerning the fact is that 35%-40% of the Mornington Peninsula is designated as flood prone. By definition this means - an area that has a 1 per cent probability of flooding in any given year; although popularly known as an area that will flood sometime in a 100-year period.

Flood prone does not mean that the land can not be built on; it just means that the design and floor levels need to be considered and potentially raised or modified to assist in the preventing of any flood damage in the future.

The Shire works closely with Melbourne Water in determining and assessing areas liable to flooding using electronic mapping and real flood event data. 

When assessing a site, under both Regulation 802 & 806 of the Building Regulations 2006, a number of factors need to be considered including:

  • rising waterways
  • overland flow from adjoining land
  • the affect the proposal may have on surrounding property.

In giving its consent to construct on flood prone land Council needs to consider the likely danger to the life, health or safety of occupants of the building due to flooding of the site.

Is my land flood prone and if so what do I need to do?
Prior to submitting plans for approval with your building surveyor or the Shire's Statutory Planning Unit it is essential to determine whether the site is flood prone and if so what the flood level is.  If this is not completed early in the project design stage it can cause significant delays in gaining final approval as elements such as building heights may need to be amended.

To determine whether the proposed building site is prone to flooding a Property Information Application Form(DOC, 82KB) needs to be submitted to the Shire. This form will also provide other important information needed when designing building works.

To apply for a Report and Consent dispensation for flood prone land, please complete the Application to Build on Flood Prone Land(DOCX, 136KB)
This form enables you to obtain approval to construct within a designated flood prone area. This application will determine the allowed floor level of the building.

Maps of declared flood prone areas can be viewed at Declared Flood Prone Area Maps

Download Report and Consent Part 4 Application Form(DOCX, 170KB)

The Building Regulations 2006 govern the siting of a single dwelling and outbuildings on allotments. The report and consent of the relevant council (Mornington Peninsula Shire’s Building Team) must be obtained to an application for a building permit in relation to a design that does not comply with the requirements of Part 4 of the Building Regulations 2006. This is known as a variation to Part 4 of the Building Regulations 2006.

Please Note:
 The Planning Scheme will override the Building Regulations.  Properties located in an area with controls under the Planning Scheme must comply with any siting requirements of the local planning scheme and this may override the requirement for this report and consent.  Please contact the Shire’s Statutory Planning Unit for further information on 5950 1010.

3.How is a dispensation application assessed?

The Ministers Guidelines are used by the Shire as an assessment tool for Report and Consent applications.  Should you wish to apply for a variation to Part 4 of the Building Regulations 2006 you will need to consider and meet the relevant parts of the Ministers Guideline MG-12 
To apply for report and consent (dispensation) to vary siting requirements including setbacks from streets and side boundaries, overlooking, fence heights, shed on vacant allotments etc. please complete the application for Report and Consent to Vary Part 4 of the Building Regulations above.

For further information please visit the Victorian Building Authority website to view the Practice Note PN-47-2006-Part 4 of the Building Regulations

Download Report and Consent-Part 5 Application Form(DOCX, 59KB)

The Building Regulations 2006 govern which building elements are allowed to project beyond the street alignment.  The report and consent of the relevant council (Mornington Peninsula Shire’s Building Team) must be obtained to an application for a building permit to construct any projection beyond the street alignment that does not comply with the height and distance requirements of Part 5 of the Building Regulations 2006.

To apply for report and consent (dispensation) to vary the requirements relating to projections beyond the street alignments please download the above application form.

Section 29A of the Building Act requires the issue of a Report and Consent Form(PDF, 215KB) from the Council where demolition or significant façade changes are proposed. Please consult with your private building surveyor with regards to the requirement of this application.

Under the heritage controls of the Planning Scheme a planning permit is required for the demolition of a listed heritage place. A building permit under the Building Act cannot be issued by a private building surveyor until any required planning permit has been issued.

Applications for Report and Consent will be refused where any required planning permit has not been obtained. In other circumstances, a building of heritage potential could be under consideration for heritage listing and, again, Council refusal could be expected. The Minister for Planning has the power to hold the demolition process until heritage issues have been resolved. The great majority of buildings have no heritage value or potential and thus there is normally no delay in the issue of the Shire’s ‘Report and Consent’.

Demolition applications are processed by the Shire’s Strategic Planning Team which can be contacted by phone on 5950 1928.